Chapter 6 Trade Marks

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2009502029 2009502085 2009502084

What is the Trade Marks ?

A trademark is a recognizable sign,design or expression which identifies products or services of a particular source from those of others.

What is the aim of Trade Marks ?

The aim of a trade mark is to encourage purchasers to buy your companys product or your companys service by using the mark when they place an order.

It follows that trade marks should be easy to remember and sufficiently different from marks used by competitors to avoid confusion.
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What is the Registrable Trade Marks ?

There are two basic requirements. The first is that the mark must be distinctive, that is, it must be capable of indicating goods or services originating from a particular source and of distinguishing those products from the products of competitors. The second requirement is that the mark does not indicate the type, quality, purpose or geographical origin of the goods or otherwise describe the goods or service, and it is not a word which the trade is likely to use in normal business

For example:
If the name of the goods is included in the mark, then others cannot be stopped from using that name, thus Coca-Cola and Pepsi-Cola are both registered for cola drinks.

Types of Trade Marks:

Invented words Words used out of context Symbols and shapes Other permitted types of mark Choices to avoid

Invented words
An invented word is a word which has been made up specially for use as a trade mark, a word which has no meaning in the English language. Preferably, the word is short and pronounceable. Good examples are Xerox for photocopiers, Kodak for cameras and Dulux for paints.

Words used out of context

These are normal English words but used in a different way. Good examples are Apple for computers and Jaguar for cars.

Symbols and shapes

A trade mark can be in the form of a shape or a picture, either alone or combined with a word or words. While the legal term is device marks, they are commonly referred to as logos, although strictly that name applies only to a combination of words and symbols.

Other permitted types of mark

A trade mark can consist of a single colour, but combinations of colours are more likely to be distinctive. However, registration of a particular shade of green by British Petroleum for the livery of petrol service stations was the basis of a successful infringement action in Northern Ireland. It is advisable to specify colours by Pantone numbers or the like. A mark can be a smell. The essential graphical representation consists of an appropriate word, such as the smell of fresh cut grass in an application in which the goods were tennis balls. Sound can also be registered, for example, by using musical notation

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The word similar can extend quite a long way. If a mark is registered for wine, the same or similar mark cannot be registered for whisky by a different owner, because consumers would assume there was only one trade origin of the two products. Marks will not be registered if they include national flags or coats of arms in a misleading way, or if the mark is contrary to UK or European Community law.

Choices to avoid

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How to register a trade marks ?

Registration of trade marks is handled by the Trade Marks Registry, a part of the UK Patent Office. The application must be filed by someone who is already trading or who intends to trade in the goods or supply of the services in question. Usually trade marks are associated with the manufacturer of the goods, but marks can indicate a different type of connection, such as a retailer selling own brand products, or a licensee of a trade mark owner

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Timeline of Trademark procedure in UK

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Infringement of a registered trade mark

After registration the owner has the legal right to stop anyone using the registered mark in relation to the goods or services specified in the registration. The owner can also stop the use of the registered mark on similar goods or services, or the use of a similar mark on the registered or similar goods or services, provided the public is likely to be confused.
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For example
The word Viagra is registered for pharmaceutical products. The owner brought a trade mark infringement action against a company that intended to market a drink under the name Viagrene and to advertise the drink as stimulating the libido in men and women. This was use of a similar mark on similar goods, confusion was likely, and the trade mark owner won.
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Comparative advertising
Companies often wish to use the registered trade marks of other companies in advertisements where two products are compared. This is permissible provided such use is honest.

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For example
The companies Vodafone and Orange both run mobile phone networks. Orange advertised that On average, Orange users save 20 every month, by comparison with Vodafones equivalent tariff. Vodafone objected, but the court held that the advert was not misleading.

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Important
When the registered mark is a word, using it in quotation marks, in capitals, with a capital first letter, or with the symbols or or (RTM) all give emphasis to the special nature of the word. This type of use should occur in all written materials, not just in advertisements or labels, but also in company reports, even internal ones, and in business letters

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Be careful!
Sometimes, a trade mark is indicated as or RTM this should only occur if the mark really is registered; it is a criminal offence in the UK to claim that a mark is registered when it is not. This applies in other countries also, and for goods traded internationally such a marking must be very closely controlled on a country-by-country basis. In these days of wide international trade, a common practice is to use on the goods in all countries, provided the mark in question is registered in the home country.
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Cancellation of registration
If a mark is registered but not used for 5 years, or if it was registered without a genuine intention to use it, then any person aggrieved (usually someone wanting to use that mark) can apply for the registration to be cancelled on the grounds of non-use. To avoid this, a proprietor must make real commercial use on a substantial scale within 5 years. Token, small scale use will not save the registration, but use of a trade mark by a licensee counts as use by the proprietor and will avoid cancellation.
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Trade marks in other countries

In some countries, usually current or former British Commonwealth countries, the law relating to trade marks is very similar to that in the UK. For example, using a mark without registering it builds up legal rights which can be applied to stop the use of similar marks. In other countries, including many in the EU, only a registration gives any worthwhile rights. Trade mark laws are national laws, and a separate registration is required for each country except Belgium, the Netherlands and Luxembourg which have merged their trade mark systems.

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Chapter 7 Ownership of intellectual property rights and rights of employees

Bra Diner Sencer Cokuner Gken Cokuner mer Bakolu Ercan Yiit Aras Ahmet Pehlivan

2009502029 2009502085 2009502084

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What is the ownership?

Three general terms are widely used and need a few words of explanation.Now we explain these general terms.We return this question later.

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Employee
In most cases it is clear whether an engineer is employed. An employer has control over what an employee does and when and where the employee works. Employees receive holiday pay, their employer pays national insurance and sickness benefits, and sometimes pension fund contributions.
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Commissioned
Some of the laws relating to ownership of IPRs refer to work commissioned for money or moneys worth. A commission is simply an order or authority to do an act,not necessarily in writing. Actual payment can be made, or the work can be carried out in return for other services or for the supply of goods, which would constitute moneys worth.
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Person making the necessary arrangements

For several different types of IPR, the right is owned by a person making the necessary arrangements for the work to be created. For engineers, the most important use of the phrase occurs with computer-generated works, in which case the words only apply since the Copyright, Designs and Patents Act 1988 came into force on 1 August 1989. In the computer area, the phrase probably means the company or the person owning the computer on which the computer-generated work is created.
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Ownership of patents
There are three separate persons or companies
Inventor Applicant Owner of the patent rights

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What is the inventor?

The inventor is the person who has the creative idea that constitutes the invention

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What is the applicant?

The applicant is the person who files the patent application, which need not be either the inventor or the owner

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Intellectual property rights(IPR)

Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright , trademarks, patents , industrial design rights, trade dress, and in some jurisdictions trade secrets.
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Scheme of intellectual property rights(IPR)

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Assignment of individual IPRs

Patents Registered designs Design rights Copyright Moral Rights Trademarks

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Patents
A patent grants an inventor exclusive rights to make, use, sell, and import an invention for a limited period of time, in exchange for the public disclosure of the invention. An invention is a solution to a specific technological problem, which may be a product or a process

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Registered designs
A design registration, an application for a registration or the right to make an application can be assigned. The assignment must be registered in the Register of Designs if not, the assignment is not admissible in court as evidence of ownership. However, there are no restrictions on payment of damages as with patents. Since registered designs and design rights are so closely linked, to eliminate any doubt, it is advisable to include the design right associated with the registration in the assignment.
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Design rights
A design right protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
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Copyright
A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works".Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed

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Moral Rights
Although the relationship between intellectual property and human rights is a complex one, there are moral arguments for intellectual property. Moral rights can change hands only as a bequest in a Will

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Trademarks
A trademark is a recognizable sign,design or expression which identifies products or services of a particular source from those of others.

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Summary of ownership
If any material protected by copyright, design right, registered design or topography right is created by an employee as part of his or her normal work, the employer owns the legal rights. For patentable inventions, the employer owns rights in an invention only if the employees job is of the type in which inventions are likely to be made. All other inventions belong to the employee. If a design right or registered design is created under a contract, the company paying for the work automatically owns the rights, but not the associated copyright. Paying for the work does not automatically change the ownership of copyright or patents, they must be specifically assigned in a written document.

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Thank you

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